AG2005/910, Transcript of Proceedings [2005] AIRCTrans 2312 (8 November 2005)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 13290-1

COMMISSIONER WHELAN

AG2005/910

APPLICATION BY BULL PADDOCK PTY LTD (CURRENTLY OPERATES AS THE DIG TREE RESTAURANT)
s.170LK - Agreement with employees (Division 2)
(AG2005/910)

MELBOURNE

10.30AM, TUESDAY, 25 OCTOBER 2005

Continued from 13/10/2005

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA VIDEO CONFERENCE AND RECORDED IN MELBOURNE

PN1

MR R TAPPOO: I seek leave to appear for the applicant in this matter and before you in Melbourne today, Commissioner, is MR T WALLACE, the employee representative and beside him is MR M GRIFFITHS, the employer representative.

PN2

THE COMMISSIONER: Thanks, Mr Tappoo. I think I have received in relation to this agreement, I think this was previously listed.

PN3

MR TAPPOO: Yes it was.

PN4

THE COMMISSIONER: And there was some difficulty and we needed to relist it because people got their wires crossed and didn't turn up. Is that right?

PN5

MR TAPPOO: That is correct, Commissioner and I apologise for the necessity to do that.

PN6

THE COMMISSIONER: All right then. Okay. All right so I have got in relation to this a copy of the application, the agreement and the statutory declaration that has been made by Ms McKenzie in relation to this application. I think I also received from you in relation to this application, Mr Tappoo, some further submissions concerning the variation to the rates.

PN7

MR TAPPOO: That is correct.

PN8

THE COMMISSIONER: And also some copies of the rosters in relation to the rostering of the employees.

PN9

MR TAPPOO: Yes.

PN10

THE COMMISSIONER: Mr Wallace, do you have today, there was an undertaking to be given in relation to this. I think I received a scanned copy but do you have the original?

PN11

MR WALLACE: No I don't have the original copy either. I have got a email.

PN12

THE COMMISSIONER: Do I have the original? Let me just check. I will just check, Mr Tappoo, did you think that you had sent me the original?

PN13

MR TAPPOO: I believe I have, Commissioner.

PN14

THE COMMISSIONER: All right well my associate is just having a look to see because I have got a scanned copy here but I don't know that I have got the original.

PN15

MR TAPPOO: Sure.

PN16

THE COMMISSIONER: Right. No I do. I have a copy of the undertaking that was signed by Kerry McKenzie on 15 September in relation to the rates of pay contained in the agreement. Okay. All right. Now the statutory declaration that was signed by Ms McKenzie indicates that the employees were sent a notice back in June in relation to the intention to make this. Mr Griffiths, do you recall receiving a notice about the intention to make an agreement?

PN17

MR GRIFFITHS: Yes.

PN18

THE COMMISSIONER: You do and after that do you actually recall receiving a copy of the agreement?

PN19

MR GRIFFITHS: Yes.

PN20

THE COMMISSIONER: And what was the process once you had actually got that letter and the agreement, what happened then?

PN21

MR GRIFFITHS: Everyone had to, all the staff members who received it had to sign the agreement and then it was all collected.

PN22

THE COMMISSIONER: Did you have any discussion about it?

PN23

MR GRIFFITHS: I think there was, the majority of the staff members came, yes and had discussion with Travis and Kerry.

PN24

THE COMMISSIONER: Okay so there was some sort of process whereby people could ask questions?

PN25

MR GRIFFITHS: Yes.

PN26

THE COMMISSIONER: Okay and did you attend that meeting?

PN27

MR GRIFFITHS: Yes.

PN28

THE COMMISSIONER: Okay and did people ask questions and did you, were you able to form a view about whether they understood what the contents of the agreement meant?

PN29

MR GRIFFITHS: As far as I knew everyone agreed and - - -

PN30

THE COMMISSIONER: And understood it?

PN31

MR GRIFFITHS: Yes.

PN32

THE COMMISSIONER: Okay. All right and there was then a process by which people signed, did they, that they agreed to it?

PN33

MR GRIFFITHS: Yes.

PN34

THE COMMISSIONER: Okay. All right. There is only about four or five employees involved, is that right?

PN35

MR GRIFFITHS: Yes.

PN36

THE COMMISSIONER: Okay. All right. Thank you. Mr Tappoo, is there any other matters in relation to this agreement that you want to bring to my attention?

PN37

MR TAPPOO: No, Commissioner unless, if you have got any further questions I would be happy to address them.

PN38

THE COMMISSIONER: No I don't think I have got any further questions for you. I think I have read all the material and I have now made sure that I have the original of the undertaking and on the basis of that material I believe I am in a position to certify the agreement. The agreement will be certified subject to the undertakings given in relation to the rates of pay and it will be certified from today's date with a nominal expiry date three years from the date of the certification. We will provide you with a copy of that certificate which means that the agreement will formally come into operation from today. All right. Thank you very much.

PN39

MR TAPPOO: Thank you. If it please the Commission.

<ADJOURNED INDEFINITELY [10.36AM]